HomeMy WebLinkAboutCity of Tamarac Board Order 4-B-18Instr# 115923406 , Page 1 of 3, Recorded 07/11/2019 at 02:56 PM
Broward County Commission
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 881 Avenue
Tamarac, Florida 33321-2401
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: October 3, 2018
CASE NO.4-B-18
IN RE: The Application of. KFC
7556 N.W. 58 Street, Tamarac, Florida
Property Folio Identification Number: 494110032820
Property Legal Description:
MAINLANDS OF TAMARAC LAKES NINTH SEC, according to the Plat thereof recorded in
Plat Book 67, Page 48B, of the Public Records of Broward County.
BOARD ORDER APPROVING VARIANCE
The applicant, Scott Backman, Esq., designated agent for the property owner, RM Tamarac Plaza
LP (the "Applicant"), filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variances:
Variance Request 1: Section 24-328(b), Code of Ordinances:
A Variance from Section 24-328(b) to allow a minimum street side setback of twenty-two
(22) feet in lieu of fifty (50) feet required along N.W. 58th Street and a minimum street of thirty-
seven (37) feet in lieu of fifty (50) feet required along University Drive.
Variance Request 2: Section 24-578(8), Code of Ordinances:
A Variance from Section 24-578(8) to allow a minimum of nine (9) feet at the narrowest
point along N.W. 58th Street up to fifteen (1.5) feet along University Drive between the right-of-
way line and parallel interior drives in lieu of twenty-five (25) feet required.
Variance Board Order — Case No. 4-B-18 Page 1 of 3
Instr# 115923406 , Page 2 of 3
Variance Request 3: Section 11-8(i)(3), Code of Ordinances:
A Variance from Section 11-80)(3) to allow a minimum continuous depth of twenty-four
point six (24.6) feet of landscaped area in lieu of twenty-five (25) feet required when a B-1 zoned
property directly abuts a residentially zoned district.
Notice of the request for the Variance was given as required by law. The Planning Board
of the City of Tamarac ("Board") has identified that the property located at 7556 N.W. 58th Street,
Tamarac, Florida (the "Property") is located in the B-1 (Neighborhood Business), now MU-C,
(Mixed Use - Corridor) Zoning District, and following consideration of all testimony and evidence
presented at the hearing on October 3, 2018 the Board finds as follows:
1. This application was filed prior to July 11, 2018 and is being considered
under the Land Development Regulations and Zoning Map effective at the time of
filing.
2. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
3. The special conditions and circumstances do not result from the actions of
the applicant.
4. That granting the variance requested will not confer on the applicant any
special privilege that is denied by any law or ordinance to other lands, buildings or
structures in the same zoning district.
5. That the literal interpretation of the provisions of the applicable Land
Development Regulations ("LDRs") would deprive the Applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms
of the LDRs.
6. That the requested variance is the minimum variance that will make possible
the reasonable use of the land, structure or building.
7. That the granting of the variance will be in harmony with the general intent
and purpose of the City's Land Development Regulations, and such variance will
not be injurious to the area involved or otherwise detrimental to the public welfare.
8. The Public Record, including sworn testimony and evidence established
before and presented to the Planning Board on October 3, 2018 is hereby
incorporated by reference and made a part hereof.
Pursuant to the authority contained in Section 24-71 of the City of Tamarac Code of Ordinances,
the Applicants' request for Variance approval as outlined is hereby GRANTED subject to the
following conditions:
Approval of the variance is contingent upon approval of the application for Special
Exception for KFC, Case 47-Z-18, by the City Commission.
Variance Board Order — Case No. 4-B-18 Page 2 of 3
Instr# 115923406 , Page 3 of 3, End of Document
2. Approval of the variance is contingent upon approval of the application for Major Revised
Site Plan for KFC, Case #6-SP-18, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this "04day of t , 2018, in Tamarac, Florida.
PLANNING BOARD
CITY TAMARAC, FLORIDA
By:
PAMELA LEMELLE-GRAY,
BOARD CHAIR
ATTEST:
T ' o- i L,142- 6X�4
Alaina Gordon, Administrative Coordinator
STATE OF FLORIDA )
)H
COUNTY OF BROWA.RD )
I hereby certify that on this day, before me, appeared Planning Board Chairperson, Pamela
LeMelle-Gray, to me personally known, who acknowledged that he is the Chair of the City of
Tamarac ("City") Planning Board, a Florida municipal corporation, and that this instrument was
signed for the purposes contained on behalf of the City and by the authority of the City, and that
he further acknowledges the instrument to be the free act and deed of the Board.
Sworn to and subscribed before me this 3r`� day of ► , 201.8.
"y AtA1NA L. 60ADON
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NOTARY PUBLIC, STATE OF FLORIDA
Variance Board Order - Case No. 4-B-18 Page 3 of 3